PETROLEUM RESOURCE RENT TAX ASSESSMENT ACT 1987

PART II - INTERPRETATION  

SECTION 2BA   DESIGNATED COMPANY GROUPS  

2BA(1)  
This section sets out the method for identifying a designated company group for the purposes of this Act.

2BA(2)  
First, identify a particular overall company group.

2BA(3)  
Second, identify all of the members of the overall company group that are entitled to derive assessable receipts in relation to a petroleum project (whether or not the same petroleum project). These members constitute a provisional designated company group .

2BA(4)  
Third, if the following conditions are satisfied in relation to a company (the key company ):


(a) the key company is a member of the provisional designated company group;


(b) the key company is not a subsidiary of any other company in the provisional designated company group;


(c) each other company in the provisional designated company group is a subsidiary of the key company;

then:


(d) the provisional designated company group is a designated company group ; and


(e) the key company is the head company of that designated company group.

2BA(5)  
Fourth, if:


(a) subsection (4) does not apply; and


(b) each company in the provisional designated company group is a subsidiary of another company (the key company ) that:


(i) is a member of the overall company group; and

(ii) is not a member of the provisional designated company group;

then:


(c) both:


(i) the key company; and

(ii) the members of the provisional designated company group;

constitute a designated company group ; and


(d) the key company is the head company of that designated company group.

2BA(6)  
Subsection (5) has effect subject to subsection (7).

2BA(7)  
If:


(a) a designated company group is covered by subsection (5); and


(b) the head company of the designated company group is a subsidiary of another company (the higher-tier company ); and


(c) the higher-tier company is a member of the overall company group; and


(d) the higher-tier company is not a member of the provisional designated company group;

there is taken not to be a designated company group of which:


(e) the higher-tier company is the head company; and


(f) any member of the provisional designated company group is a member.




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